H-2B visa
Encyclopedia
The H-2B visa nonimmigrant program permits employers to hire foreign worker
s to come temporarily to the U.S. and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.
The H-2B visa classification requires the United States Secretary of Homeland Security
to consult with appropriate agencies before admitting H-2B non-immigrants. Homeland Security regulations require that, except for Guam, the petitioning employer first apply for a temporary labor certification
from the United States Secretary of Labor
indicating that: (1) there are not sufficient U.S. workers who are capable of performing the temporary services or labor at the time of filing the petition for H-2B classification and at the place where the foreign worker is to perform the work; and (2) the employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Department of Labor will review and process all H-2B applications on a first in, first out basis.
Employers seeking to employ temporary H-2B workers must apply for Temporary Employment Certification to the Chicago National Processing Center (NPC). An employer may submit a request for multiple unnamed foreign workers as long as each worker is to perform the same services or labor, on the same terms and conditions, in the same occupation, in the same area of intended employment during the same period of employment. Certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another.
Foreign worker
A foreign worker is a person who works in a country other than the one of which he or she is a citizen. The term migrant worker as discussed in the migrant worker page is used in a particular UN resolution as a synonym for "foreign worker"...
s to come temporarily to the U.S. and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.
The H-2B visa classification requires the United States Secretary of Homeland Security
United States Secretary of Homeland Security
The United States Secretary of Homeland Security is the head of the United States Department of Homeland Security, the body concerned with protecting the American homeland and the safety of American citizens. The Secretary is a member of the President's Cabinet. The position was created by the...
to consult with appropriate agencies before admitting H-2B non-immigrants. Homeland Security regulations require that, except for Guam, the petitioning employer first apply for a temporary labor certification
Labor certification
Labor certification is a United States of America immigration concept. There are several options available to US employers who wish to hire foreign, non-immigrant workers on a temporary but long-term basis: H-1B visas, L-1 visas, TN status and other options. These temporary options are often...
from the United States Secretary of Labor
United States Secretary of Labor
The United States Secretary of Labor is the head of the Department of Labor who exercises control over the department and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies....
indicating that: (1) there are not sufficient U.S. workers who are capable of performing the temporary services or labor at the time of filing the petition for H-2B classification and at the place where the foreign worker is to perform the work; and (2) the employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Department of Labor will review and process all H-2B applications on a first in, first out basis.
Employers seeking to employ temporary H-2B workers must apply for Temporary Employment Certification to the Chicago National Processing Center (NPC). An employer may submit a request for multiple unnamed foreign workers as long as each worker is to perform the same services or labor, on the same terms and conditions, in the same occupation, in the same area of intended employment during the same period of employment. Certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another.
External links and further reading
- "Dirty Work: In-Sourcing American Jobs with H-2B Guestworkers" "Backgrounder" by David Seminara on the website of Center for Immigration StudiesCenter for Immigration StudiesThe Center for Immigration Studies is a non-profit research organization that advocates Immigration reduction in the United States. Founded in 1985, its executive director is Mark Krikorian. As a 501 organization, it is subject to limits or absolute prohibitions on engaging in political...
, January 2010, accessed October 7, 2010 - Application process and documentation required for H-2B Visa petitioners
- H-2B Visa Application - Interview Tutorials